A Question about family law in PA?

Question

If a baby is born and the mother names the baby and uses her last name on the birth certificate, can the father fight to have the baby's name changed to his six months later? The couple are not married or living together, but he is the biological father of the baby.

Answer 1

There are some judges who will, in a paternity/child support action, order that the child's name be changed to that of the father if the parents are unmarried. The reasoning behind this is that there is some research that shows that men are more likely to be involved in the lives of their illegitimate children if the children carry the last name of the father.

Answer 2

The father can petition a family court judge to change the name, however this is not an easy task. The judge will want a valid reason why the name should be changed, and "because I want it to be," is not usually good enough. Usually this is only possible in cases where the parent who shares their last name with the child, gives up his/her rights to the child, or both parents are willing to change the last name.

If the father has already petitioned the court or is threatening to, speak to a family law attorney in your area. There is free legal representation available in family court if you meet specific income guidelines.

Answer 3

If the baby's father is listed on the birth certificate as "unknown", then he would have to first prove the baby is his. Without a court order, I do not think he can make you cooperate.

Answer 4

I think he could probably petition the court to have it changed and if you don't fight it, he could win. You should probably talk to an attorney or legal aide and get some advice. You will probably have to fight him, but since you guys are not married I would say that you have a good chance of winning, but like I said I would probably talk to someone that does this for a living.

Answer 5

possibly if he signed the birth certificate